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Cornejo v. Regents of the University of California9/12/2005
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant Regents of the University of California successfully moved for summary judgment on a complaint filed by its employee, plaintiff Martha E. Cornejo. Plaintiff appeals from the ensuing judgment, asserting that triable issues of fact remain. We hold that (1) there is no triable issue of material fact regarding plaintiff's claim for age discrimination because there was no evidence she was discriminated against due to her age; (2) there is no triable issue of material fact regarding plaintiff's claim that she suffered retaliation for complaining about age discrimination because there is no cognizable evidence she made such a complaint; (3) plaintiff failed to exhaust administrative remedies available to her regarding her complaint that she suffered retaliation for "whistle blowing"; and (4) plaintiff's claim for intentional infliction of emotional distress falls within the exclusive jurisdiction of the workers' compensation system. Thus, we affirm the judgment.
Standard for Summary Judgment
As this court has succinctly said, " ummary judgment is properly granted if there is no question of fact and the moving party is entitled to judgment as a matter of law. [Citations.] We construe the moving party's papers strictly and opposing party's papers liberally. [Citation.] The moving party must demonstrate that under no hypothesis is there a material factual issue requiring a trial, whereupon the burden of persuasion shifts to the opposing party to show, by responsive statement and admissible evidence, that triable issues of fact exist. [Citations.]
"However, ` rom commencement to conclusion the moving party bears the burden of persuasion that there is no genuine issue of material fact and that is entitled to judgment as a matter of law. . . . There is a genuine issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.' [Citation.] On appeal, we exercise our independent judgment to determine whether there are no triable issues of material fact and the moving party thus is entitled to judgment as a matter of law." (Thousand Trails, Inc. v. California Reclamation Dist. No. 17 (2004) 124 Cal.App.4th 450, 457; see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843-857.)
Facts and Proceedings
The undisputed facts established the following:
Plaintiff worked in the Information and Education Technology Department at defendant's University of California at Davis campus. Relations between plaintiff and her manager were not good and, in December 2000, plaintiff met with Dave Shelby, Assistant Vice Provost and Chief Operating Officer of her department, to voice concerns over several issues, including fiscal management.
Plaintiff took a medical leave of absence for several months in 2001. She returned to work with the same title and at the same pay rate, but worked under a different supervisor. Plaintiff was apparently dissatisfied with the work she was being given to do and, in September 2001, she filed a grievance in which she characterized her earlier discussion with Shelby as "whistle blowing." She asserted defendant was retaliating against her for those disclosures.
Plaintiff was not satisfied with Shelby's respons
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